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Resolution 02294RESOLUEIt", NO. 2294 RESOLUTION OF INTENTION TO artAxT aAz FRANCHISE WHEREAS the Pacific Gas and Electric Company, a California utility corpora- tion, has Mod with the Council of the City of Alameda, an application requesting that a franchise be granted to it of the character and for the purposes mentioned in the form of notice hereinafter set forth; and VuTERWAS in the opinion of said Council the public interest requires that said franchise be granted; NOW, THEREFORE, BE IT RESOLVED that said Council intends to grant said franchise, that hearing of objections to the granting thereof will be held at the time and place specified in the form of notice hereinafter set forth which the City Clerk of said City is hereby directed to publish at least once within fifteen days after the passage of this resolution in the Alameda Times-Star, a newspaper of general circulation within said City, end that said notice shall he, substantially, in the following words and figures: "NOTICE OF INTENTION TO GRANT FRANCHISE N0910E IS HEREBY GIVEN that the Pacific Gas and Electric Company, a California utility corporation, has ,filed its application with the Council of the City of Alameda requesting said Council to grant it a franchise for an indeterminate period, as provided in the Franchise Act of 1937, (a) to use, for transmitting and distributing gas within said City for any and all purposes other than those authorized under Section 19 of Article XI of the Constitution of the State of California, es said section existed prior to its amendment on October 10, 1911, all gas pipes and appurtenances which now are or may hereafter be lawfully placed in the public streets, ways, alleys and places within said City, and (b) to lay and use in said public streets, ways, alleys and places, all pipes and appurtenances necessary or proper for said purposes. If said franchise shall be granted. to it, said Pacific Gas and Electric Company, its successors and assigns, hereinafter designated grantee, shall during the life thereof pay to said City two ter cent of the gross annual receipts of said • grantee arising from the use, operation or possession of said franchise; provided, however, that such -payment shall in no event be less than a 'sum which shall be equivaleit to one per cent of the gross annual receipts derived by grantee from the sale of gas within the limits of said City under both the franchise to be granted and the franchise now owned by said grantee by virtue of Section 19 Article XI of the Constitution of the State of California as said. section existed prior to its amendment on October 10, 151i. Said percentage will be paid annually from the date of the granting of the franchise applied for and in the event such payment shall not be made said franchise shall be forfeited. Said. City Council proposes to grant said franchise for an inde- terminate period- Said franchise sholl be granted under anal pursuant to the provisions of the charter of the City of Alameda and upon the terms and conditions applicable to gas franchises as set forth in the Franchise Act of 1937. NOTICE IS 0IRTDS FURTHER GIVEN that any and all persons having any objections to the granting of said franchise may appear bdbre said Council in Inc Council Chamber at the 'City Hall of said City, at the hour of 8 p.m. on Tuesday the 25th day of October 1956, and be heard thereon; and NOTICE IS }tF3aiJt FURTHER GIVEN that at any time not later than the hour so set for hearing objections any person interested may make written protest stating objections against the granting of said franchise which protest must be signed by the protestant and delivered to the City Clerk of said City, and the Council shall at the time set for hearing said objections proceed to hear and pass upon all protests so made; and NOTICE IS BEFEBY FEINT= GIVEN that the grantee of said franchise must within five days after the date of granting same, fie with the Council of said City a bond in the penal sum of one thousand dollars ($1000,00) running to said City with at least two good and sufficient surities thereto to te approved by said Council conditioned that such grantee shall well and truly observe, fulfill and perform each and every term an condition of said franchise, and that in case of any breach of condition of said bond, the whole amount, of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and sureties upon said bond. For further particulars reference is hereby made to said application filed as aforesaid in the office of the City Clerk of said City, and also to the Resolution of said Council adopted on the 4th day of October, 1938, declaring its intention to grant said franchise. Dated: October 5, 1938. 13y order of the Council of the City of Alameda: City- Clerk of the City of Alameda 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in regular meeting assembled on the 4th day of October, 1938, by the following vote, to wit: AYES: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 5th day. of October, 1938. (SEAL) D. ELVER DYER City Clerk of the City of Alameda, 1 hereby certify that the foregoing Resolution is a full, true and correct copy of "Resolution No. 2294, RESOLUTION OF ITEENTION TO CHANT GAS FRANCHISE", introduced and adopted by the Council on the 4th day of October,1938. City Clerk of t4e-UitE7,6f Alameda.